WVC 20 - 2 - 57 A
§20-2-57a. Negligent shooting, wounding or killing of another
person while hunting; duty to render aid; criminal
violations; suspension of hunting and fishing
license; criminal penalties; administrative
penalties.
(a) It is unlawful for any person, while engaged in the act of
hunting, pursuing, taking or killing wild animals or wild birds, to
carelessly or negligently shoot, wound or kill another person.

(b) Anyone who negligently shoots, wounds or injures another
person while hunting, not resulting in serious bodily injury or
death, is guilty of a misdemeanor and, upon conviction thereof,
shall be fined not more than $1,000 or confined in jail not more
than six months, or both fined and confined.

(c) Anyone who negligently shoots and injures another person
while hunting, resulting in serious bodily injury or death, is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined not more than $2,500 or confined in jail for not more than
one year, or both fined and confined.

(d) For purposes of this section, serious bodily injury means
bodily injury which creates a substantial risk of death, which
causes serious or prolonged disfigurement, prolonged impairment of
health or prolonged loss or impairment of the function of any
bodily organ.

(e) (1) Any person who, while hunting, discharges a firearm or
arrow and knows or has reason to know that the discharge has caused bodily harm to another person shall:

(A) Immediately investigate the extent of the person's
injuries; and

(B) Render immediate reasonable assistance to the injured
person.

(2) As used in this subsection, "reasonable assistance" means
aid appropriate to the circumstances, including by not limited to
obtaining or attempting to obtain assistance from a natural
resources police officer, law-enforcement officer, 911 dispatchers,
emergency medical providers and medical personnel.

(f) Any person who fails to render aid and assistance to an
injured person as required by subsection (e), to an injured party
who has not sustained a serious bodily injury is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not more
than $2,500 and confined in jail for not more than one year, or
both fined and confined.

(g) Any person who fails to render aid as required by
subsection (e) to an injured party who has sustained a serious
bodily injury or dies as a result of their injuries is guilty of a
felony and, upon conviction thereof, shall be fined not more than
$5,000 or imprisoned in a correctional facility for not less than
one year nor more than five years, or both fined and imprisoned.

(h) Any person found guilty of committing a misdemeanor under
this section shall have their hunting and fishing licenses
suspended for a period of five years from the date of conviction or the date of release from confinement, whichever is later.

(i) Any person found guilty of committing a felony offense
under this section shall have their hunting and fishing licenses
suspended for a period of ten years from the date of conviction or
the date of release from incarceration, whichever is later.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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